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PRINCE CLETUS KPEKON & ANOR V. MAURICE PRONEN & ORS

(2011) JELR 48527 (CA)

Court of Appeal  •  CA/PH/EPT/15/2011  •  6 Oct 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
MR. N.H. AJIE For Appellant MR. E.C. AGUMA with I.L. Adoo Esq for the q1st RespondentMR. AKPADIAHA EBITU for the 3rd Respondent2nd Respondent served (absent) For Respondent

Judgement

PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment): On the 29/09/201, I dismissed this appeal and reserved reasons for my decision. I now give reasons for my decision in this appeal.

The 1st Appellant herein was a contestant in the election into the House of Representative for Khana/Gokana Federal constituency seat held on the 9th April 2011 under the platform of the 2nd Appellant, a political party registered in Nigeria. The 1st Respondent also contested the said election under the platform of the 2nd Respondent, also a political party registered in Nigeria.

The 3rd Respondent is the body responsible for conducting National Elections in Nigeria and it conducted the election which gave rise to this appeal.

At the end of the elections aforesaid, the 1st Respondent was declared winner and was accordingly returned as the elected member representing Khana/Gokana Federal Constituency.

The Appellants are dissatisfied with the declaration and return and therefore filed a petition at…

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